Re Australian Electoral Commission;

The applicant, Mr Kelly, sought leave to proceed with an application for a writ of *quo warranto* against the Australian Electoral Commission concerning the New South Wales half-Senate election. The central dispute concerned the validity of the date fixed for the close of nominations in the writ for the election, which was issued by the Governor of New South Wales. Mr Kelly contended that this date did not comply with the requirements of section 156(1) of the *Commonwealth Electoral Act 1918* (Cth) and section 4A(1) of the *Senators' Elections Act 1903* (NSW). The proceedings were heard by Gummow J of the High Court of Australia.

The legal issues before the Court were whether the date for the close of nominations was validly fixed, the nature of the relationship between the Commonwealth Electoral Act and the New South Wales Senators' Elections Act, and the appropriate relief by way of *quo warranto*. Additionally, the Court was required to consider whether a proclamation by the Governor-General proroguing Parliament could validly take effect before its publication in the Commonwealth of Australia Gazette.

Gummow J dismissed the application. The reasoning involved an examination of the interplay between Commonwealth and State legislation governing Senate elections and the requirements for the issuance of writs. The Court considered the principles governing the grant of leave for *quo warranto* proceedings and the validity of executive actions, including proclamations, in relation to their publication. The Court ultimately found that the nomination date was validly fixed and that the applicant had not established grounds for the relief sought.

Leave was granted for the applicant to present further written submissions dated 11 June 2003. However, the application was subsequently dismissed with costs.